EVANS v. COMMONWEALTH


204 S.E.2d 413 (1974)

Everett EVANS, Sr. v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

April 22, 1974.


Attorney(s) appearing for the Case

Thomas V. Warren, Crewe (Wilson & Warren, Crewe, on brief), for plaintiff in error.

Wilburn C. Dibling, Jr., Asst. Atty. Gen. (Andrew P. Miller, Atty. Gen., on brief), for defendant in error.

Before SNEAD, C. J., and I'ANSON, CARRICO, HARRISON, COCHRAN, HARMAN and POFF, JJ.


PER CURIAM.

The trial court entered judgment on the jury's verdict finding Everett Evans, Sr., guilty of attempted murder of the first degree and fixing punishment at nine years in the penitentiary. Evans challenges the instruction which told the jury that the offense is punishable "by confinement in the penitentiary for not less than one (1) nor more than twenty (20) years."

Code § 18.1-17 (Repl. Vol. 1960) proin part:

"Every person who attempts...

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